Can an invalid act of a state body or local government be invalidated?...

Can an ineffective act of a state or local government be invalidated?

As explained by the Constitutional Court of the United States in its decision No. 182-0 of July 12, 2006, the termination of proceedings in the case of invalidating a normative legal act on the basis of merely the fact of its loss of legal effect would in fact lead to the applicant's refusal to defend his rights and freedoms, in violation of which he links his application to the court, and would not meet the public need for resolving a dispute over the legality of the contested normative legal act in the proceedings arising out of public legal relations in essence, the loss of the disputed normative legal act of force has other legal consequences other than its recognition as invalid in court, arising, in particular, from the provisions of Parts 4 and 5 of Art. 195 APC USA, and is not a basis for restoring the violated rights of the person concerned (Article 13 of the Civil Code of the United States). Therefore, the court, when assessing the significance of the fact of the loss of power, is not bound by this challenging normative legal act for the further movement of the case, bearing in mind that in cases arising out of public legal relations, the priority tasks of judicial proceedings are determined by the interests of legality, the protection of the rights and freedoms of citizens.

A different opinion is held by the US Supreme Court, which in para. 6 p. 11 of the Resolution of the Plenum of the Supreme Court of the United States of 29.11.2007 No. 48 "On the practice of considering by courts the cases of challenging normative legal acts in full or in part" indicated that the judge refused to accept the application in accordance with Cl. 1 Part 1, Art. 134 or part 8 of Art. 251 of the CCP of the United States in cases where the application disputes an invalid regulatory legal act or a part thereof (including an act that has not entered into force, canceled by a body or official who issued it, expired in connection with its limitation by the time frame specified in the Act itself, as well as formally not canceled, but in fact not acting due to the publication of a later act), since such an act or part thereof does not give rise to legal consequences, as a result of which it can not entail any violations of the rights protected by law and freedoms of the applicant and other persons. The applicant has the right to challenge in court in the manner prescribed in Ch. 25 of the US Civil Procedure Code, decisions, actions (inaction) based on such a normative legal act, or to apply to the court in the proceeding for protection of the subjective right or for exemption from legal obligation, having raised the issue of non-application of this normative legal act or its parts.

Thus, if the act of a state body or local government has lost its force, the grounds for making a decision to declare it null and void on the basis of Art. 13 of the US Civil Code is not available. At the same time, the plaintiff is not deprived of the opportunity to use another method of protection - to demand that the court not apply an act of a state body or local self-government body that is contrary to the law (paragraph 12 of Article 12 of the Civil Code of the United States).

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